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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Roofing Industry Licensing Act is | ||||||
| 5 | amended by changing Sections 4.5 and 5 as follows:
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| 6 | (225 ILCS 335/4.5)
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| 7 | (Section scheduled to be repealed on January 1, 2016)
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| 8 | Sec. 4.5. Duties of qualifying party; replacement. While | ||||||
| 9 | engaged as or
named as a
qualifying party for a licensee, no | ||||||
| 10 | person
may be the named qualifying party for any other | ||||||
| 11 | licensee.
However, the person may act in the capacity of the | ||||||
| 12 | qualifying party for
one additional licensee of the same type | ||||||
| 13 | of licensure if one of the following
conditions exists:
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| 14 | (1) There is a common ownership of at least 25% of each | ||||||
| 15 | licensed entity
for
which the person acts as a qualifying | ||||||
| 16 | party.
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| 17 | (2) The same person acts as a qualifying party
for one | ||||||
| 18 | licensed entity and its licensed subsidiary.
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| 19 | "Subsidiary" as used in this Section means a corporation of | ||||||
| 20 | which at least
25% is owned by another licensee.
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| 21 | In the event that a qualifying party is terminated or | ||||||
| 22 | terminating his or her
status
as qualifying party of a | ||||||
| 23 | licensee, the qualifying party and the licensee shall
notify | ||||||
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| 1 | the Department of that fact in writing. Thereafter, the | ||||||
| 2 | licensee shall
notify the Department of the name and address of | ||||||
| 3 | the newly designated
qualifying party. The newly designated | ||||||
| 4 | qualifying party must take the
examination prescribed in | ||||||
| 5 | Section 3.5 of this Act; however, a newly designated qualifying | ||||||
| 6 | party is exempt from the examination requirement until January | ||||||
| 7 | 1, 2012 if he or she has acted in the capacity of a roofing | ||||||
| 8 | contractor for a period of at least 15 years for the licensee | ||||||
| 9 | for which he or she seeks to be the qualifying party. These
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| 10 | requirements shall be met in a timely manner as established by | ||||||
| 11 | rule of the
Department.
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| 12 | (Source: P.A. 91-950, eff. 2-9-01.)
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| 13 | (225 ILCS 335/5) (from Ch. 111, par. 7505)
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| 14 | (Section scheduled to be repealed on January 1, 2016)
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| 15 | Sec. 5. Display of license number; advertising.
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| 16 | (a) Each State licensed roofing contractor shall
affix the
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| 17 | license number of his or her license to all of his
or
her | ||||||
| 18 | contracts and bids. In
addition, the official issuing building | ||||||
| 19 | permits shall affix the
roofing contractor license number to | ||||||
| 20 | each application for a building permit
and on
each building | ||||||
| 21 | permit issued and recorded.
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| 22 | (a-5) If an applicant for a building permit with a unit of | ||||||
| 23 | local government knowingly submits a roofing license number | ||||||
| 24 | that is not that of the roofing contractor who will be the | ||||||
| 25 | subcontractor for the project for which the applicant has | ||||||
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| 1 | requested the permit, the applicant shall be guilty of identity | ||||||
| 2 | theft under subsection (a) of Section 16G-15 of the Criminal | ||||||
| 3 | Code of 1961. | ||||||
| 4 | (b) In addition, every roofing contractor shall affix the
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| 5 | roofing
contractor license number and the licensee's name, as | ||||||
| 6 | it appears on the license, on all commercial vehicles used as
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| 7 | part
of his
or her business as a roofing contractor.
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| 8 | (c) Every holder of a license shall
display it in a
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| 9 | conspicuous place in his or her principal office, place of | ||||||
| 10 | business, or place
of employment.
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| 11 | (d) No person licensed under this Act may advertise | ||||||
| 12 | services regulated by
this Act unless that person includes in | ||||||
| 13 | the advertisement his or her license
number. Nothing contained | ||||||
| 14 | in this subsection requires the publisher of
advertising for | ||||||
| 15 | roofing contractor services to investigate or verify the
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| 16 | accuracy of the
license number provided by the licensee.
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| 17 | (e) A person who advertises services regulated by this Act | ||||||
| 18 | who knowingly (i)
fails to display the license number in any | ||||||
| 19 | manner required by this Section,
(ii) fails to provide a | ||||||
| 20 | publisher with the correct license number as required
by | ||||||
| 21 | subsection (d), or (iii) provides a publisher with a false | ||||||
| 22 | license number or
a license number of another person, or a | ||||||
| 23 | person who knowingly allows his or her
license number to be | ||||||
| 24 | displayed or used by another person to circumvent any
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| 25 | provisions of this Section, is guilty of a Class A misdemeanor | ||||||
| 26 | with a fine of
$1,000, and, in addition, is subject to the | ||||||
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| 1 | administrative enforcement
provisions of this Act.
Each day | ||||||
| 2 | that an advertisement runs or each day that a person knowingly | ||||||
| 3 | allows
his or her license to be displayed or used in violation | ||||||
| 4 | of this Section
constitutes a separate offense.
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| 5 | (Source: P.A. 94-254, eff. 7-19-05.)
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